Suspension at the fag end of service – Charge Sheet served 12 days before retirement
The appellant worked in the Bank for 34 years from 1984 to 2018. He was promoted as Deputy General Manager in 2016 and due to retire on 30.6.2019.
On 21.8.2018, the appellant was suspended pending further disciplinary action alleging that he had adopted a very casual approach while sanctioning credit proposals in 16 accounts in Ghaziabad branch.
On 18.1.2019, after six months, the show cause notice was issued as to why disciplinary action should not be initiated.
On 27.3.2019, another show cause notice was issued.
The appellant filed writ petition challenging the suspension.
On 18.6.2019, the ante-dated charge sheet of 10.6.2019 was served on the appellant without receiving the advice of Central Vigilance Commission.
On 20.6.2019, the Single Bench quashed the order of suspension on the ground that continuing suspension without even serving charge-sheet for almost a year and at the fag end of service.
However, the writ petition challenging the charge sheet without CVC advice was dismissed on 26.7.2019. This was confirmed by the Division Bench.
HELD that the suspension was served only ten months before retirement and after 34 years of unblemished service. Although it was necessary to take first stage advice of CVC, it was sought only on 17.5.2019. Twelve days before retirement, the charge-sheet was served on the appellant without receiving and considering the CVC’s advice. This was despite a specific statement in the earlier petition that the charge sheet would only be served on receipt of advice from the CVC. Thus, the actions of the Bank are mala fide and arbitrary.
The appellant was sought to be victimized at the fag end of his unblemished career of 34 years. Now, at this stage, it will be unjust to allow the Bank to resume disciplinary proceedings almost six years of retirement.
Judgment dated 20.5.2025 of the Supreme Court of India in Civil Appeal No.7039 of 2025 in A.M.Kulshrestha Vs. Union Bank of India and others.
